(2) Every rule under this Act shall be laid before each House of
Parliament within forty days next after it is made, if Parliament is then
sitting, or, if not, within forty days after the commencement of the
then next ensuing session, and if an address is presented to Her Majesty
by either House of Parliament within the next subsequent forty days on
which the said House shall have sat, praying that any such rule may be
annulled, Her Majesty may thereupon, by Order in Council, annul the same;
and the rule so annulled shall thenceforth become void and of no effect,
but without prejudice to the validity of any proceedings which may in the
meantime have been taken under the same.
_Lands occupied rent free, etc._
IV.—Where a receiver appointed under this Act of the rents and profits of
any lands satisfies the County Court that the lands are let on such terms
as not to reserve a rent sufficient to enable the receiver to recover
from the owner thereof the sum ordered to be recovered, the Court, after
such service on the owner and occupier of the lands as may be prescribed,
and after hearing such owner and occupier if they appear and desire to
be heard, may direct that the order for such recovery shall be executed
as if the occupier were the owner of the lands: Provided that any such
occupier shall be entitled in addition to any other remedy, unless he
would have been liable to pay the tithe rentcharge under any contract
made before the passing of this Act, to deduct from any sums at any time
becoming due from him to the landlord under whom he holds, any amount
which shall have been recovered from him under this section in respect of
tithe rentcharge or costs, with interest thereon at the rate of four per
centum per annum: Provided further, that such occupier shall be entitled,
notwithstanding anything in this Act, to recover from such landlord by
action at law any such amount which shall have been recovered from him
under this section as aforesaid as money paid on the account of such
landlord.
_Restrictions as to costs._
V.—(1) An application to a County Court for an order under this Act
may be made on behalf of the tithe-owner by his agent, although not a
solicitor.
(2) On any application to a County Court for an order under this Act, no
costs either of a solicitor or of a witness shall be allowed in any case
where the amount claimed is paid without further proceedings, nor where
notice of intention to apply for time to pay the tithe-owner’s claim has
been given (except in cases where costs could be allowed by the Court on
a judgment summons), and when notice of opposition has been given within
the prescribed time, the costs of a solicitor shall only be allowed for
work done subsequent to the notice.
_Rating of owner of tithe rentcharge._
Public-domain text, read in full here on John Shaqi.
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